What activities at non-hydropower dams need a permit?
Generally, the construction, repair or alteration of a non-hydropower dam, as well as any associated dredging, draining, filling or soil disturbance, that occurs in, on, over or adjacent to a “protected natural resource” needs a permit. Protected natural resources include rivers, streams, brooks, great ponds, coastal wetlands, certain freshwater wetlands, and areas of significant wildlife habitat. Maintenance and repair of less than 50 % of existing non-hydropower dams is exempt from permitting provided that certain standards are followed. These standards require that proper erosion control measures are taken, that the repair does not block fish passage, and that there is no additional intrusion into the water body. More information on this permitting process is available in DEP publications on the “Natural Resources Protection Act.
